A standard or burden of proof has two parts, the burden of production, which deals with evidentiary rules, and the burden of persuasion, which in a civil case is the preponderance of the evidence instead of proof beyond a reasonable doubt. I assume you have obtained legal counsel, but all witnesses voting on the fork should be aware of the lower burden of persuasion needed to assess financial penalties in US civil courts.
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I think most people are already going to understand that when two normal parties disagree in a civil action that neither party is presumed to have an advantage when it comes to persuasion. I guess you're thinking that maybe some people think there should be an additional burden of proof on the side of the person claiming harm, but I don't think most people would anticipate that. Fundamental rules of law like that mostly come from the will of the people, or they would mostly likely have changed over time.
To me, this is something of a non sequitur to the legal analysis of forking I'm making. And the fact that you keep bringing the discussion back to the witnesses specifically as a direct warning, leads me to believe you have an agenda in making this non sequitur.